Law:

Section: 302(b)

Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 302(b)--Conviction and sentence--Challenge to--Convertion of sentence--Prosecution by all means has proved its case successfully beyond reasonable doubt against appellants--It is not disputed by both parties that a petty amount of Rs. 845/- became bone of contention because of which this awful incident took place, in which two innocent persons lost their lives and other injured--Case of two versions--Appellant party was of view that they had already paid that petty amount which explanation was not accepted by complainant and so taking it insult--As to plea taken by defence that occurrence had not taken place in manner as stated by complainant, appellants have been unable to justify it--Witnesses produced by them in defence and statement of appellant given u/S. 340(2) Cr.P.C., trial Court correctly appreciated evidence and statement of appellant--Recovery of `churries' was genuine and properly effected in accordance with law from appellants on their pointation--Medical evidence coupled with evidence of recoveries fully corroborates oclar account--Prosecution has been successful to set up a case beyond reasonable doubt against appellants--In presence of evidence regarding occurrence having taken place on account of sudden flare up and some provocative act of complainant, penalty of death awarded to appellant was hardly called for--Conviction maintained but death sentence was converted into imprisonment for life--Appeal partly allowed. THIS JUDGMENT DELIVERED BY: MUHAMMAD ASHRAF BHATTI, JUSITCE:---.--- -- Having arisen out of one and the same judgment dated 23.2.2004 passed by Mr. Javed Akhtar, learned Additional Sessions Judge, Bahawalnagar, Crl. Appeal No. 78/2004 filed by Shahzad alias Shada, Altaf Hussain alias Tafa, Tariq Mahmood and Imtiaz Hussain convicts-appellant against their conviction and sentences, Crl. Appeal No. 121/2004 brought by Charagh Din and Muhammad Rafiq Gill against the acquittal of Qamar Rafiq and Ijaz Ahmad alias Jajja, co-accused and Crl. Revision No. 50/2004 filed by Muhammad Akram for enhancement of sentence of Tariq Mahmood and Imtiaz Hussain, appellants as well as the Murder Reference…

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